Question

Divya was arrested by the police and charged with having committed a murder. She was convicted by the trial court and appealed to the high court. She lost her appeal there and decided to appeal to the Supreme Court. By this time she has run out of money, so she approaches NALSA and asks them to help her get an advocate who can represent her before the Supreme Court. Is Divya entitled to support from NALSA?

• A. No, since she should have approached them at the beginning of the case before the trial court, and not at such a late stage.
• B. Yes, since her previous lawyers were incompetent, and that is why she lost the matter in the trial court and the high court.
• C. Yes, she is entitled to free legal aid in the Supreme Court proceedings because she is a woman.
• D. No, since she had been accused of having committed the heinous crime of murder.
• A. Yes, since Section 13(1) of the Act provides that free legal aid can be provided if NALSA is satisfied the person has a genuine case to prosecute, and they did not believe that Divya had a genuine case to prosecute.
• B. Yes, since Divya had earlier been prosecuted for the crime of murder.
• C. Yes, since Divya had already applied for free legal aid from NALSA in the past and could not repeatedly ask NALSA for such assistance.
• D. No, since Divya is a woman, and is included within the list of people entitled to free legal aid from NALSA under Section 12 of the Act.
• A. Yes, since NALSA cannot provide free legal aid to opposing parties in the same matter.
• B. Yes, since NALSA does not provide free legal aid in civil matters.
• C. No, since Divya had filed a frivolous case against Riya in the past, and Riya was entitled to retaliate by filing another case against Divya.
• D. No, since Riya is a woman, and is entitled to free legal aid as long as NALSA is satisfied she has a genuine case.
• A. No, since free legal aid does not include provision of help to understand and access benefits under government schemes.
• B. No, since he does not fit within any of the categories under Section 12 of the Act.
• C. Yes, since free legal aid includes provision of help to understand and access benefits under government schemes.
• D. Yes, since he is a struggling artist, and is dependent on aid for survival.
• A. No, since he is a rich businessman and can hire a lawyer with his own money.
• B. Yes, since he is innocent.
• C. Yes, since Vikram has been arrested and is in police custody.
• D. No, since he has stolen from a struggling artist.

Answer 1

The Correct Option is C

Step 1 (Free legal aid eligibility).
Under Section 12 of the Legal Services Authority Act, 1987, individuals belonging to certain categories, including women, are entitled to receive free legal aid.
Step 2 (Review of Divya's situation).
Since Divya is a woman, she qualifies for free legal aid under the Act, regardless of the stage at which she seeks it. There is no restriction based on when a person seeks legal aid.
Step 3 (Conclusion).
Divya is entitled to free legal aid in the Supreme Court proceedings.
\[ \boxed{\text{Yes, she is entitled to free legal aid in the Supreme Court proceedings because she is a woman. (Option C)}} \]

Answer 2

Step 1 (Eligibility for free legal aid).
Section 13(1) of the Legal Services Authority Act, 1987, allows free legal aid only if NALSA is satisfied that the person has a genuine case to prosecute.
Step 2 (Divya’s situation).
Divya has explicitly stated that she does not have a genuine case and only wants to harass Riya. Since NALSA is not convinced that Divya has a legitimate case, they are correct in refusing to provide free legal aid.
Step 3 (Conclusion).
NALSA can refuse free legal aid in this case, as Divya does not meet the requirement of having a genuine case to prosecute.
\[ \boxed{\text{Yes, since Section 13(1) of the Act provides that free legal aid can be provided if NALSA is satisfied the person has a genuine case to prosecute, and they did not believe that Divya had a genuine case to prosecute. (Option A)}} \]

Answer 3

Step 1 (Free legal aid restrictions).
Section 12 of the Legal Services Authority Act specifies that free legal aid cannot be provided to opposing parties in the same legal matter.
Step 2 (Application to Riya’s situation).
Since Divya and Riya are opposing parties in the same case, NALSA cannot provide legal aid to both. This is a legal restriction under the Act.
Step 3 (Conclusion).
NALSA is correct in refusing to provide free legal aid to Riya in this matter.
\[ \boxed{\text{Yes, since NALSA cannot provide free legal aid to opposing parties in the same matter. (Option A)}} \]

Answer 4

Step 1 (Legal aid under Section 12 of the Act).
The Legal Services Authority Act, 1987 provides free legal aid not only in legal proceedings but also in accessing government benefits.
Step 2 (Application to Farhan’s case).
Farhan is seeking help to understand and access the government’s scheme for artists, which falls within the scope of free legal aid under the Act.
Step 3 (Conclusion).
Farhan is entitled to free legal aid from NALSA to help him understand and access the government scheme.
\[ \boxed{\text{Yes, since free legal aid includes provision of help to understand and access benefits under government schemes. (Option C)}} \]

Answer 5

Step 1 (Eligibility for free legal aid).
Section 12 of the Legal Services Authority Act states that individuals in police custody are eligible for free legal aid.
Step 2 (Application to Vikram’s situation).
Vikram has been arrested and is in police custody, which entitles him to free legal aid under the Act.
Step 3 (Conclusion).
Vikram is entitled to free legal aid from NALSA because he is in police custody.
\[ \boxed{\text{Yes, since Vikram has been arrested and is in police custody. (Option C)}} \]